What is the Plastic Treaty meant to address? 

Earth and all living beings are drowning in plastics and currently exposed to its harmful and toxic compounds and derived products. The world is producing an average of 430 million tonnes of plastic per year – two thirds of which are only used for a short period of time or are single-use. Examples of single use plastics includes  food and beverage packaging, plastic cutlery, medical materials such as gloves, syringes and surgery supplies. Potentially harmful substances are also found in Personal Protective equipment (PPE) for many essential and frontline professions such as hospital workers and firefighters.

Plastics do not decay, they contaminate our planet and ecosystems forever. The brief life cycle of plastics has consequences: every day, the equivalent of over 2,000 garbage trucks full of plastic are dumped into our oceans, rivers and lakes. As a result, plastic pollution is set to triple by 2060 if no action is taken.  Plastics are the largest, most harmful and most persistent fraction of marine litter, accounting for at least 85% of total marine waste. Plastic packaging is the largest part of plastic production. 

According to World Bank estimates, by 2050 waste production will be 73% higher than it was in 2020, reaching 3.88 billion tonnes per year. The East Asia and Pacific region is responsible for generating close to a quarter (23%) of all waste.  By 2050, waste generation in Sub-Saharan Africa is expected to more than triple from current levels, while South Asia will more than double its waste stream.

 Plastics are a major threat to marine ecosystems and biodiversity, accounting for 85%  of marine litter. Without urgent action, the estimated 11 million metric tons of plastic entering the ocean annually will triple in the next twenty years. Plastic remnants have been found in digestive systems of many water species, including every marine turtle species and nearly half of all seabird and marine mammal species.  

Microplastics are another area of major concern. Plastics are so ubiquitous, they are found in everything from food packaging and foetuses to furniture and fresh Antarctic snow. In September 2023, microplastics were even found in clouds. Just 9% of plastic waste is currently recycled, with landfill and incineration much more common, despite the environmental cost. This plastic waste disfigures coastal areas, the air, earth and our bodies alike. Microplastics, which carry toxic chemicals and stimulate the release of endocrine disruptors, were found in 75%of breastmilk samples. If not collected and managed properly, microplastics will contaminate and affect waterways and ecosystems for hundreds, if not thousands, of years. 

What is the timeline of this process?

The First INC session took place in Punta del Este, Uruguay, between 28 November – 2 December 2022 to discuss the structure of the Treaty and what kinds of measures the world should take to address plastic pollution. PSI and the ITUC have contributed to the Second  Session (INC-2) from 29 May - 2 June 2023, at the United Nations Educational, Scientific and Cultural Organization (UNESCO) Headquarters in Paris, France. Resources and a report of activities, presentations and side events are available here.    

The First INC session took place in Punta del Este, Uruguay, between 28 November – 2 December 2022 to discuss the structure of the Treaty and what kinds of measures the world should take to address plastic pollution. PSI and the ITUC have contributed to the Second  Session (INC-2) from 29 May - 2 June 2023, at the United Nations Educational, Scientific and Cultural Organization (UNESCO) Headquarters in Paris, France. Resources and a report of activities, presentations and side events are available here.    

The Third session (INC-3) took place in Nairobi, Kenya, between 13-19 November 2024. A PSI delegation (local government union representatives from Ghana, Tanzania and Tchad) and the PSI LRG Officer took part. The PSI delegation carried the mandate of the ITUC, as the event took place during the same date as COP28. The labour delegation talked to government representatives of Ghana, the Netherlands, Italy, Argentina, Brazil, and Switzerland. The delegation also spoke at the GRULAC briefing, stressing the need for a pro-public vision of safe waste service utilities and decent jobs for workers in Africa . Labour materials, submissions and presentations at the side event organised by the ILO on this occasion are available here.

Why are trade unions engaging in the INC process? 

Together with the ITUC, PSI is leading the international negotiation as part of the Workers and Trade Unions UN Major Group. PSI represents waste collection, disposal and sanitation workers, and related public service workers engaged in the fight against plastic waste pollution. This work is carried out in close coordination with IndustriALL (representing plastic production workers) and the IUF (representing workers in plastic user industries). Among the workers PSI represents are those employed both upstream and downstream the plastic supply chain: from production and manufacturing of plastics, plastic related products and the textile industry; to food and drink processing, packaging, and catering; restaurants and hospitality; all the way to municipal waste collection, transportation, sorting, reuse, recycling and final disposal. A majority of these workers, particularly in the Global South, are women. 

The global labour movement is in favour of a drastic reduction in the production and use of plastics and the elimination of harmful related products compounds and toxic additives.  Unions are demanding decisive action, including on a Just Transition for workers away from the plastic supply chain. Unions are also fighting for the occupational health and safety (OSH) of the millions of workers we represent, who are directly affected by the adverse impact of plastic pollution and its health risks, such as dangerous carcinogens; endocrine disruption, and occupational diseases, among other hazards. 

Plastic pollution accumulates and  causes clogging in public space and waters, and exposure to micro- and nano-plastics. Workers directly exposed to these hazards include not only those employed in manufacturing, but also those in in water utilities and sanitation services; health and care providers like nurses and medical janitors; agriculture and fishery workers - especially small farmers and traditional fishing communities - whose livelihoods are being totally disrupted by plastic pollution; as well as public space maintenance services, public emergency services and firefighters, who can get exposed and poisoned by their protective equipment. 

The Labour delegation at INC-4 

The ITUC and PSI delegation was composed of Patrick Rondeau (FTQ Québec), Diane Therrien-Hale (CUPE), Daria Cibrario (PSI) and Repon Chowdhury (ITUC). Unfortunately, visas were not delivered on time to PSI representatives of waste workers unions from Argentina and Senegal. The Workers’ delegation was assisted by the ILO representative Halshka Graczyk, OSH Technical Specialist at the ILO HO in Geneva.

What did unions ask and what did they do at INC-4?

Ahead of the INC-4 session

Preparations for the sessions started early. On 28 March 2024, PSI took part in the Second Day of UNEP Consultations with Observers ahead of INC-4. On this occasion Daria Cibrario of PSI delivered a statement and issued recommendations based on the Zero Draft text. In particular, PSI urged negotiatiors, the INC Chair and the UNEP Secretariat to ensure that bracketed texts such as “trade unions”, “just transition” and references to “occupational health and safety”, “decent work” be kept and duly referenced in the final text. PSI also urged negotiators to ensure that all workers in the plastics supply chain be considered in the Treaty, not only waste pickers; and demanded the inclusion of adequate measures and provisions for industrial policies supported by public funding to invest in the physical and social (workforce) infrastructure of effective, safe, and modern waste management systems. Daria also gave an interview to Radio Labour Canada to illustrate the issues at stake with the Treaty and the key labour position and asks.

Canada Partnerships Day 

Repon Chowdhury of the ITUC  was invited to speak at the Canada Partnership Day organised by the host government to remind negotiators of key dimensions to include in the Treaty. On this occasion he said: “Just Transition as per the ILO definition must be at the heart of the Plastic Treaty.  Negotiators must focus on ALL workers along the plastic supply chain. OSH and Decent Work must be key reference in the instrument".

Indeed, one of the global labour movement key asks for the INC process is that all workers along the plastic and waste supply chain must be covered and considered by the instrument. This can be achieved by keeping consistency with the following text “ALL workers along the plastic and waste supply chain, including waste pickers and other vulnerable workers”. This point has started to be picked up by some governments in the texts and in their statements. 

Opening Plenary session of INC-4

As observers, global labour were invited to deliver a three-minute opening statement. Repon Chowdhury of the ITUC highlighted for the delegates: "labour requests the setup of intersessional expert groups on just transition, waste management systems, financing, and stakeholder engagement. Unions are available to provide our expertise to the negotiators on these key topics".   Read the full statement here. PSI also submitted a statement that was not  read in real time but was uploaded on the INC-4 website. Read the PSI opening statement here.

Global Labour Illustrates its key priorities at the side event on Just Transition moderated by the ILO 

Repon Chowdhury (ITUC) reminded the audience of the key global labour expectations and demands from the Treaty notably: 

• All workers need to be  covered by the Treaty, not only waste pickers,

• Occupational health and safety (OSH) and Decent Work as per the ILO definition must be key references in the instrument,

• Labour reclaims the nature and origin of the concept of Just Transition and urges negotiators to build upon agreed language from the International Labour Organisation (ILO),

• Implementing Just Transition policies comprises the following actionable policies:

1. the socio-economic costs of this systemic, people- and planet-saving transformation shall not fall upon the most vulnerable in the plastic value chain,

2. workers and their livelihoods should be preserved and enhanced through adequate policies and measures supported by adequate resources,

3. a systematic practice of bi- and tripartite social dialogue among social partners workers organisations, governments at all levels (including local and regional governments) and employers as a mandatory rule and methodology at all stages of the negotiation and implementation of the instrument,

4. promotion of full, productive, and freely chosen employment and decent work,

5.  supporting workers and communities affected by the transition towards a plastic-free economy,

6. industrial and active labour market policies to create decent employment opportunities to transition away from plastic-related jobs into comparable ones in sustainable industries,

7. investment in sustainable infrastructure and quality public services for all - especially water, sanitation, and waste management systems

8. training, (re)- and (up)skilling of workers into sustainable sectors that will replace the current system to guarantee employability, equity and transparency for all workers in the transition away from single-use plastic production and waste and in the transformation of the supply chains towards reduction, reuse and recycling,

9. expanding and adapting social security systems to ensure coverage for all of those affected,

10. invest in appropriate industrial policies and in the research & development (R&D) of new forms of sustainable, low-carbon, products that can play a critical role in the Just Transition process.

The ILO played a convening role, highlighted the importance of Decent Work and Just Transition in the future treaty 

ILO representative Halshka Graczyk, OSH Technical Specialist, played a convening role for social partners and facilitated access to meetings with governments and other UN agencies. In the opening statement the ILO said “A just transition entails creating decent work opportunities for all workers including in the informal economy; fostering safe and healthy working environments (...) It should be based on inclusive social dialogue". This  echoed and reinforced the message pushed by the global labour delegation at INC-4. In 2023, the ILO also published an important report that stresses the OSH dimension that must be encompassed in the Plastic Treaty titled “Hazardous exposures to plastics in the world of work”.

Alliance and synergies with IPEN and CIEL 

The ITUC and PSI have built a strong, trust-based alliance with the International Pollutants Elimination Network (IPEN), a global network of NGOs dedicated to eliminating pollutants with the Center for International Environmental Law (CIEL) and with Health Care without Harm. Through this alliance, the global labour delegation was invited to the IPEN prep meeting to address their constituency and allies.  Daria Cibrario of PSI addressed the group explaining why it is essential to factor in a labour dimension and a just transition in the move away from plastic production and toxic chemicals. She explained what actionable industrial and labour market policies are needed to accompany this process so that the transition is just and leaves no workers behind. She also stressed that "public investment in getting drinkable water from the tap and safe sanitation facilities are the n.1 action governments can take to drastically reduce plastic production and pollution".

The global Labour delegation meets with government representatives at INC-4 

Because of the very nature of multilateral negotiations, only central state representatives have the mandate and power to negotiate. Labour, business, civil society and NGOs as well as UN agencies are observers and operate largely by seeking to influence state representatives and rally them to their causes. 

The global labour delegation met with representatives of Canada, Bangladesh, the EU, Belgium, and India. We strove to illustrate the priorities for workers and a just transition that works for all. The Global Labour delegation distributed its Submission and Demands for  INC-4; the Just Transition Explainer and the ILO Guidelines on Just Transition in favour of the labour vision for the Treaty.

Heavy pro-plastic lobbying by industry and some states

Although business interests are in principle an observer at the negotiations, industry pushed a very aggressive pro-plastic visual campaign in Ottawa. From the airport all the way to the INC-4 convention centre, negotiators were exposed to billboards and trucks carrying images of a sick child with a plastic respiratory mask saying “plastics saves lives” or cucumbers in a plastic wrap with the message “plastics avoids food waste” among others.  CIEL counted 196 registered lobbyists for the fossil fuel and chemical industry at the negotiations , a 37% increase from the 143 lobbyists registered at INC-3. This resulted in lobbyists outnumbering scientists and Indigenous representatives. In addition, nine states registered 16 lobbyists for the fossil fuel and chemical industry representatives in their national delegations, demonstrating the competing priorities bad faith negotiations by some member states.

The dynamics of the official meetings at INC-4

Given the difficulty to negotiate an incredibly long and complex text, with lots of bracketed language and several different options, and following the Chair’s scenario note (UNEP/PP/INC.4/4), the work of INC-4 was organised around two contact groups The first group covered introductory elements (Part I, including preamble, objectives, principles, scope, and just transition) and substantive provisions (Part II); and the second covered Part III – Means of Implementation, Part IV – Implementation Measures, Part V – Institutional Arrangements, and Part VI – Final Provisions. The contact groups were further divided into sub-groups (as shown below) with the agreement that a maximum of 3 subgroups could meet at the same time, the third of which, only in exceptional circumstances. Indeed, many national delegations did not have enough staff to cover all groups.

The bulk of the time in contact groups and sub-groups was dedicated to streamlining the revised zero draft and validating the streamlined text to ensure that all elements from the zero draft were reflected. Finally, in some of the sub-groups line-by-line text negotiations started, resulting in an initial draft that will be just slightly shorter than the revised zero draft. Member States and Groups of Member states submitted almost 400 conference room papers with proposals to be included in the text.

The labour delegation followed these relevant parts  of the contact groups discussions: Part I on definitions (3), principles (4), and scope (5); Part II on Waste Management (9) and Just Transition (12); Part III  on Financing (1) and Capacity Building (2); Part IV on International Cooperation (5) and Stakeholder engagement (8). However, unlike other INCs the opportunities for observers  to make statements at the end of contact group discussions were extremely limited.

Progress and solidarity in the dialogue with the International Alliance of Waste Pickers (IAWP) 

On 15 November 2023, during INC-3, the International Alliance of Waste Pickers (GlobalRec) invited PSI to address their Just Transition event at the Embassy of Brazil in Nairobi. On this occasion PSI succeeded to negotiate a joint position between the ITUC, all GUFs and GlobalRec on the INC Process. PSI also delivered the labour presentation at the ILO-organised event at INC-3 “Decent Work and Occupational Health and Safety: pillars of a Just Transition away from plastic pollution and hazards”. This was an important moment to put the focus back on ALL workers involved in the plastic supply chain, not only informal waste pickers.

In a side meeting at the INC-4 venue, the International Alliance of Waste Pickers (IAWP) and the Global Labour delegation had a positive exchange facilitated by ITUC,  and resolved to support each other in the process. PSI requested technical support and dialogue facilitation from the ILO in countries where there is perceived competition between waste workers and informal waste pickers, a conflict that only harms both parties. A delegation from IWAP will attend the International Labour Conference 2024 for the discussion on biological hazards.

Conclusions and outcome analysis from INC-4    

The main outcomes of INC4 were: 

• Transitioning from a zero draft that was a collection of inputs from Member States to a first draft which is “owned” by the INC and where line by line negotiations have started.

• Securing intersessional work on approaches to regulate chemical and products.

• Agreeing on the establishment of a legal group that will start working on translating the draft text into appropriate legal language, starting from INC-5. 

“Just Transition”, “Trade unions” and other key wording remain under brackets at the principal and scope section of the current draft.  The tireless endeavours of all involved have yielded some  progress for the labour movement, particularly within the included reference to the  ILO Guideline of Just Transition, International Human Rights obligations, UN Guiding Principles of Business and Human Rights,  Social Dialogue and scope of coverage at entire plastic supply chain. However, this important reference is under brackets for the next round of negotiations at the INC-5 in Busan, South Korea, so global labour must continue to push for proper inclusion in the final draft.

Even more concerning, there is a crying  absence of any reference to Occupational Health and Safety (OSH) within the current text. Mere allusions to the “protection of health” or the “consideration of public health”  are inadequate to address the pressing needs of workers throughout the plastic supply chain. This MUST change.

• Outcome of the Contact groups are available here.

• The revised draft text of the international legally binding instrument on plastic pollution, including in the marine environment is available here (UNEP/PP/INC.4/3) 

Recognising trade unions as vital partners - rather than stakeholders - in the stakeholder Engagement section (Chapter IV/Section-8) in the streamlined text of  the revised draft treaty remains imperative. The gap between ending plastic pollution by producing better or stopping new production is still a token idea and it has been hard to bring the Just Transition discussion through. Global labour has repeatedly asked for the setup of an intersessional working group on just transition but – despite several requests - it's not on the table for now.  

Finally, there is total omission of the fact that public investment in public water and sanitation systems and in safe, adequate and effective public waste management systems are the best way to immediately reduce plastic waste and the contamination it entails. INC-4 member states do not seem ready to have that conversation, and this is hindered by the aggressive pro-plastics lobbying effort as noted previously in this report.   Therefore global labour and their allies need to step up work on this essential dimension of the fight against plastic waste and for equitable access to safe drinking water and sanitation for the people and for the planet. 

At the closing session, unions urged all negotiating parties to consider the Just Transition concept, as defined by the International Labour Organization (ILO), and Occupational Health and Safety (OSH) are central to the legally binding Treaty.

In its closing address the global labour representatives said that to be effective, the Treaty must include:

1. Comprehensive coverage of ALL workers, including waste pickers, across the entirety of the plastic supply chain, irrespective of their employment status.

2. Enforce concrete and sufficient measures to facilitate a Just Transition throughout the formulation and implementation of national action plans.

3. Incorporating references to and implementing concrete measures aimed at safeguarding workers' occupational health and safety in relation to plastic production and pollution, in alignment with ILO conventions C.170, C.155, and C.187.

4. Upholding fundamental labour rights as outlined in the ILO's Decent Work framework, while ensuring adequate social protection coverage for all workers concerned.

5. Recognizing Trade Unions within the plastic supply chain as one of the vital stakeholders in the Stakeholder Engagement section of the treaty.

A lot of work remains to be done. The initial 69 page zero draft was shortened into a First draft about ten to eleven pages shorter, but with over 3000 brackets of text still to be negotiated. One key difference is that while the zero draft at INC-4 was a document created by the UNEP Secretariat on behalf of the INC, this first draft is created and held by the INC itself, which allows them to move towards more in-depth text negotiations.

The draft treaty still lacks the typical treaty structure .  Unions welcome the decision to carry out intersessional work on chemicals, products and the financial mechanism. The INC decided to have an open-ended expert meeting between INC-4 and INC-5, however the participation of observers will be limited.

Trade Unions extended  appreciation for the Chair’s proposal to establish an ad hoc intersession open-ended expert group. This group aims to develop an analysis of potential resources and means that could be mobilised for the implementation of the instrument. The global labour delegation strongly urges the inclusion of Just Transition as a significant topic within the scope of work of this expert group, and emphasised the importance of involving the International Labour Organization and workers’ representation in this process. 

INC-5 is scheduled to take place from 25 November to 1 December 2024 in Busan, Republic of Korea. The session will be preceded by regional consultations. This is planned to be the last INC before the diplomatic conference, however, considering the status of the negotiations, it is likely that more INCs will be taking place.

It has to be noted that observer participation was limited throughout the INC-4 process (both at the INC and intersessionally). Therefore, early engagement with country delegates will extremely important at the INC-5.

***

Decision on intersessional work: 

Intersessional work on finance: INC decided to establish an ad hoc intersessional open-ended expert group to develop an analysis of potential sources, and means that could be mobilised, for implementation of the objectives of the instrument, including options for the establishment of a financial mechanism, alignment of financial flows, and catalysing finance, for the consideration by the Committee at its fifth session. 

Intersessional work on chemicals and products: The INC also decides to establish an ad hoc intersessional open-ended expert group to identify and analyse criteria and non criteria based approaches with regard to plastic products and chemicals of concern in plastic products, and product design focusing on recyclability and reusability of plastic products, considering their uses and applications, for the consideration by the Committee at its fifth session. 

The outcomes from the groups shall be without prejudice to the Parties’ national positions and the outcome of negotiations conducted by the Committee.    

Decision on establishing an Open-ended Legal Drafting Group 

1. The committee decides to establish an open-ended legal drafting group to conduct a legal review of any elements of the draft text forwarded to it by the plenary of the committee with a view to ensuring that the text is reflected in a legally sound manner and make recommendations on the language to the plenary for its consideration. In its work, the legal drafting group would not consider policy issues, and any policy issues it may identify in the course of its work would be referred back to the plenary.

2. The committee also decides that the open-ended legal drafting group, which would commence its work at the fifth session, would be composed of legal experts from Members.

3. The committee invites any Member, who wishes to do so, to communicate information on their legal expert to the secretariat by 15 August 2024, which will be available on the website.

4. The committee decides that the meetings of the legal drafting group would be convened by the Co-Chairs during the fifth session as and when needed.

5. The committee also decides that the Co-Chairs of the legal drafting group would be appointed by the committee at INC-5, on a proposal by the Chair.